DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The present amendments to the claims overcome all outstanding Drawing objections of record.
Claim Rejections - 35 USC § 112
The present amendments to the claims overcome all outstanding 35 USC 112(b) rejections of record.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4 and 6-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sato (US 2019/0343479 A1).
Regarding claim 1, Sato discloses a digital x-ray imaging method (Figs.1, 3 and 7-13), including:
a) displaying options of an exposable body part of an object under examination on a display interface, the options of exposable body part including at least an option of a stitching body part (Figs.14 or 15);
b) in response to a selection instruction on the options of the exposable body part, determining a to-be-exposed body part of the object under examination from the options of exposable body part (Figs.7, 14 and 15);
c) when the to-be-exposed body part is a stitching body part, determining an exposure parameter set of the stitching body part, the exposure parameter set including multiple travel points 61, 62, 63 that an x-ray source 31 is capable of passing along each of at least two directions during x-ray imaging and exposure parameters about the x-ray source 31 at the multiple travel points 61, 62, 63, where the at least two directions are capable of determining a 2D surface, and each of the at least two directions includes at least two travel points (Figs.11 and 15: moving from point 61 to point 62 requires vertical and horizontal translations of the source and detector, thus defining a vertical plane parallel to the coronal plane of the patient);
d) in response to an exposure instruction on the stitching body part, controlling, based on the exposure parameter set, the x-ray source 31 to pass the multiple travel points along the at least two directions (S3, Fig.13), and emit x-rays to the stitching body part at each of the travel points 61, 62, 63 passed according to exposure parameters corresponding thereto (S4, Fig.13; also see par.0070);
e) controlling a detector 13 to receive x-rays penetrating the stitching body part to obtain a plurality of digital x-ray images; and
f) stitching the plurality of digital x-ray images to obtain a radiograph of the stitching body part (pars.0071, 0089 and 0107).
With respect to claim 2, Sato further discloses that determining an exposure parameter set of the stitching body part includes:
g) acquiring a predetermined position relationship between the stitching body part and the detector, and determining the exposure parameter set of the stitching body part based on the predetermined position relationship (pars.0069); or
h) acquiring a current position relationship between the stitching body part and the detector by a photographic apparatus 34, and determining the exposure parameter set of the stitching body part based on the current position relationship (Figs.1, 3, 5A; see at least pars.0056-0058; also see Fig.7).
With respect to claim 3, Sato further discloses that part (h) above includes displaying on the display interface 33 (pars.0056-0058) or projecting by a projection apparatus (laser, par.0082) the current position relationship between the stitching body part and the detector, and determining the exposure parameter set of the stitching body part based on a user operation (par.0082 or Figs.8-12).
With respect to claim 4, Sato further discloses that part (d) of claim 1 includes, based on the exposure parameter set:
g) controlling the x-ray source to pass one part of the multiple travel points 61, 62, 63 along a first direction and emit the x-rays to the stitching body part at each of the travel points passed according to the exposure parameters corresponding thereto; and
h) controlling the x-ray source to pass the other part of the multiple travel points 61, 62, 63 along a second direction and emit the x-rays to the stitching body part at each of the travel points passed according to exposure parameters corresponding thereto, the first and second directions forming the 2D surface; where
i) the at least two directions include first and second directions, the first and second directions being both straight-line directions, both non straight-line directions, or one of the first and second directions is a straight-line direction and the other is a non straight-line direction (Fig.11: the source and detector move from position 61 to position 62 in order to acquire the two images 51 and 52, respectively, for subsequent stitching of the resulting images, and the movement requires movement that is inherently defined along two orthogonal axes within the plane, regardless of whether the motion systems perform rectilinear or curvilinear motion to move from travel point 61 to travel point 62).
With respect to claim 6, Sato further discloses that part (e) of claim 1 includes controlling the detector 13 to move to a position corresponding to each travel points 61, 62, 63 that the x-ray source 31 passes, and to receive x-rays emitted by the x-ray source 31 at the travel point that penetrate the stitching body part, in order to obtain the plurality of digital x-ray images (par.0077).
Regarding claim 7, Sato discloses an x-ray imaging method (Figs.7-12), including:
a) determining a stitching body part of an object under examination (Fig.7); and
b) determining a digital imaging mode of the stitching body part, the digital imaging mode including a first stitching mode and a second stitching mode, where the first stitching mode includes controlling an x-ray source 31 and/or a detector 13 to move along one direction and expose the stitching body part to obtain a plurality of digital x-ray images and stitching the plurality of digital x-ray images to obtain a radiograph of the stitching body part (Figs.8-10 and 12, the second stitching mode including controlling the x-ray source 31 and/or detector 13 to move along at least two directions and exposure the stitching body part to obtain a plurality of digital x-ray images, and stitching the plurality of digital x-ray images to obtain a radiograph of the stitching body part, the at least two directions being capable of determining a 2D surface, and each of the at least two directions having at least two travel points (Fig.11: moving from point 61 to point 62 requires vertical and horizontal translations of the source and detector, thus defining a vertical plane parallel to the coronal plane of the patient); where
c) when the digital imaging mode is the first stitching mode, controlling the x-ray source and/or the detector to move along one direction and expose the stitching body part to obtain the plurality of digital x-ray images, and stitching the plurality of digital x-ray images to obtain the radiograph of the stitching body part; and
d) when the digital imaging mode is the second stitching mode, controlling the x-ray source and/or the detector to move along each of the at least two directions to pass the at least two travel points and expose the stitching body part to obtain the plurality of digital x-ray images, and stitching the plurality of digital x-ray images to obtain the radiograph of the stitching body part.
With respect to claim 8, Sato further discloses that part (c) of claim 7 includes controlling the x-ray source to move to a plurality of first preset positions 61, 62, 63 along one direction and controlling the detector to move along one direction to a plurality of second preset positions 61, 62, 63 (par.0077); and when the x-ray source and the detector are both moved to any of their respective preset positions, controlling the x-ray source to emit x-rays to the stitching body part to obtain the plurality of digital x-ray images, and stitching the plurality of digital x-ray images to obtain a radiograph of the stitching body part.
With respect to claim 9, Sato further discloses that part (d) of claim 7 includes controlling the x-ray source 31 to move to a plurality of first preset positions 61, 62, 63 along the at least two directions and controlling the detector 13 to move along the at least two directions to a plurality of second preset positions 61, 62, 63 (par.0077); and when the x-ray source 31 and the detector 13 are both moved to any of their respective preset positions, controlling the x-ray source 31 to emit x-rays to the stitching body part to obtain the plurality of digital x-ray images, and stitching the plurality of digital x-ray images to obtain a radiograph of the stitching body part (pars.0070-0071).
Regarding claim 10, Sato discloses a digital x-ray imaging method (Figs.7-15), including:
a) determining a stitching body part of an object under examination (Fig.7; also see S1);
b) obtaining a plurality of digital x-ray images of the stitching body part, where the plurality of digital x-ray images are obtained while an x-ray source 31 and/or a detector 13 are controlled to move along each of at least two directions and the stitching body part is exposed (pars.0068-0071), the at least two directions are capable of determining a 2D surface, each of the at least two directions includes at least two travel points (Fig.11: moving from point 61 to point 62 requires vertical and horizontal translations of the source and detector, thus defining a vertical plane parallel to the coronal plane of the patient); and
c) stitching the plurality of digital x-ray images to obtain a radiograph of the stitching body part (step S6).
With respect to claim 11, Sato further discloses that part (b) of claim 10 includes, under a current digital imaging mode, obtaining the plurality of digital x-ray images while the x-ray source 31 and/or detector 13 are controlled to move along each of the at least two directions and the stitching body part is exposed (pars.0070-0071).
With respect to claim 12, Sato further discloses that part (b) of claim 10 includes controlling the x-ray source 31 to move to a plurality of first preset positions 61, 62, 63 along the at least two directions and controlling the detector 13 to move along the at least two directions to a plurality of second preset positions 61, 62, 63 (par.0077); and when the x-ray source 31 and the detector 13 are both moved to any of their respective preset positions, controlling the x-ray source to emit x-rays to the stitching body part to obtain the plurality of digital x-ray images, and stitching the plurality of digital x-ray images to obtain a radiograph of the stitching body part (pars.0070-0071).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 5 and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Sato.
With respect to claim 5, Sato, as applied to claim 4 above, does not specifically disclose whether x-ray source moves along the first and second directions alternately (parametric or rectilinear motion). Sato simply states that the source and detector are automatically moved to each travel point for exposure.
However, the skilled artisan appreciates that there are only two ways in which the motion may take place: rectilinear motion (x and then y, or y and then x) or curvilinear motion where both x and y actuators move in concert simultaneously.
It would have been obvious to one of ordinary skill in the art at the time of the invention for Sato to control the x-ray source, based on the exposure parameter set, to move along the first and second directions alternatively to pass the multiple travel points, given only two possibilities recognized in the art, the skilled artisan would select one of the two with a reasonable expectation of success and without undue experimentation (see at least MPEP §2143(I)(E)).
Regarding claim 15, Sato discloses a digital x-ray imaging method (Figs.7-13), including:
a) determining a stitching body part of an object under examination (Fig.7);
b) obtaining a plurality of digital x-ray images of the stitching body part, where the plurality of digital x-ray images are obtained while an x-ray source 31 and a detector 13 are controlled to move along at least at least two directions and the stitching body part being exposed, and each of the at least two directions includes at least two travel points (Figs.11 and 12; pars.0070 and 0077); and
c) stitching the plurality of digital x-ray images to obtain a radiograph of the stitching body part (par.0071).
Further regarding claim 15, Sato does not specifically disclose whether x-ray source moves along at least one non straight-line direction (direct, curvilinear motion). Sato simply states that the source and detector are automatically moved to each travel point for exposure.
However, the skilled artisan appreciates that there are only two ways in which the motion may take place: rectilinear motion (x and then y, or y and then x) or curvilinear motion where both x and y actuators move in concert simultaneously.
It would have been obvious to one of ordinary skill in the art at the time of the invention for Sato to control the x-ray source, based on the exposure parameter set, to move along at least one non straight-line direction to pass the multiple travel points, given only two possibilities recognized in the art, the skilled artisan would select one of the two with a reasonable expectation of success and without undue experimentation (see at least MPEP §2143(I)(E)).
With respect to claim 16, Sato further discloses that part (b) of claim 15 includes, under a current digital imaging mode, obtaining the plurality of digital x-ray images while the x-ray source 31 and/or detector 13 are controlled to move along at least two directions and the stitching body part is exposed (pars.0070-0071).
With respect to claim 17, Sato further discloses that part (b) of claim 15 includes controlling the x-ray source 31 to move to a plurality of first preset positions 61, 62, 63 along the at least one non straight-line direction and controlling the detector 13 to move along the at least one non straight-line direction to a plurality of second preset positions 61, 62, 63 (Figs.11 and 12; par.0077); and when the x-ray source 31 and the detector 13 are both moved to any of their respective preset positions, controlling the x-ray source to emit x-rays to the stitching body part to obtain the plurality of digital x-ray images, and stitching the plurality of digital x-ray images to obtain a radiograph of the stitching body part (pars.0070-0071).
With respect to claim 18, Sato further suggests, based on Fig.11 or based on the combined advantages of Figs.11 and 12, that the non straight-line direction may include a folded-line direction or a curve direction.
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Sato, as applied to claim 10 above, in view of Schlueter (US 2023/0410292 A1).
With respect to claim 13, Sato does not specifically disclose that the image stitching takes place in at least two stitching directions.
Schlueter teaches the practice of stitching a plurality of digital x-ray images together in whichever direction that has the greatest similarities between each pair of adjacent images, regardless of scan direction or degree of alignment between an adjacent pair of images (see at least pars.0002-0004 and 0026-0027; also see Fig.10), including accounting for image stitching in orthogonal directions (“dogleg” scan, par.0027). In this manner, the individual images are optimally stitched together in the appropriate spatial orientation and alignment.
It would have been obvious to one of ordinary skill in the art at the time of the invention for Sato to stitch the plurality of digital x-ray images in at least two stitching directions to obtain a radiograph of the stitching body part as required to form the final stitched image in the correct orientation and alignment as taught by Schlueter.
With respect to claim 14, the prior art combination of Sato and Schlueter results in:
d) stitching at least two digital x-ray images from the plurality of digital x-ray images in one of the first or second stitching directions to obtain and intermediate stitching image, the at least two digital x-ray images being obtained while the x-ray source and/or detector pass a preset position along the one of the first or second directions for exposure; and
e) stitching the intermediate stitching image and at least one further digital x-ray image from the plurality of digital x-ray images in the other of the first or second stitching directions to obtain the radiograph of the stitching body part, the at least one further digital image being obtained while the x-ray source and/or detector pass a preset position along the other of the first or second directions (Schlueter, par.0027; also see Fig.10 and accompanying description, where the images are subsequently stitched together as matches between each subsequent image to the intermediate stitched image are discovered and then stitched together).
It would have been obvious to one of ordinary skill in the art at the time of the invention for Sato to stitch the plurality of digital x-ray images in at least two stitching directions to obtain a radiograph of the stitching body part as required to form the final stitched image in the correct orientation and alignment as taught by Schlueter.
Response to Arguments
Applicant's arguments with respect to the anticipation of claims 1, 7 and 10 by Sato, and the obviousness of claim 15 over Sato, all as amended, have been fully considered but they are not persuasive.
Applicant argues that Sato, alone or in combination with Schlueter, does not disclose at least two travel points through which the x-ray source must pass in order to acquire the individual images that are subsequently stitched together to form the final image. The Examiner respectfully disagrees.
All of these x-ray systems that have processor-controlled motion of the x-ray source and/or detector, operate with “travel points” as broadly as claimed. In order to control the motion, the processor knows where the x-ray source and detector are with respect to a coordinate origin or datum; that is how the processor is able to control the motion. At the very least, every one of these automatic motion-controlled systems have two travel points: a start point and an end point (the beginning of the source motion and the end of the source motion). In the general case, there are many travel points according to the level of granularity of the distance metering, whether by servomotor feedback and/or linear encoders, etc.
Therefore, since Sato teaches motion in two directions in order to capture the desired projections for subsequent stitching (Figs.11 and 15), then there are at least 8 travel points: the x and y coordinates for the x and y motion control to move to each imaging location.
As is typical of GUIs, and given the disclosure of Sato stating that the process is automated, the processor of Sato necessarily translates the imaging coordinates, entered by designating the imaging locations on the screen by the operator, to motion control coordinates for the processor to control the motors accordingly.
Therefore, Sato has at least two “travel points” as broadly as claimed. For at least this reason, Applicant’s arguments are not persuasive, and the rejection has been maintained.
Examiner’s Note: in general, Applicant’s contribution to the art is unclear, possibly due to translation ambiguities, and given all of the confusion around the former “3D” related limitations.
The prior art cited by the Examiner have established image acquisition for subsequent stitching in two dimensions (Sato), image stitching in two dimensions based on the degree of similarity between individual images from a given stitching set (Schlueter), stitching orthogonal projections for subsequent stereo image processing (Amiri and Spivey), and curvilinear motion during image acquisition for subsequent image stitching (see the foreign patent documents cited in the Conclusion of the Non-Final Rejection mailed 1/9/2026). Therefore, it appears that flexible image acquisition protocols for subsequent image stitching are known.
It is unclear whether Applicant’s contribution to the art is an inventive image acquisition procedure (acquiring the individual images in a flexible or more efficient manner, focusing on “where” and “when” the x-ray source moves), or an inventive motion control system (given the emphasis on “travel points” and the “how” of implementing the x-ray source motion).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS R ARTMAN whose telephone number is (571)272-2485. The examiner can normally be reached Monday-Thursday 10am-6:30pm.
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THOMAS R. ARTMAN
Primary Examiner
Art Unit 2884
/THOMAS R ARTMAN/ Primary Examiner, Art Unit 2884
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